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record the police, Skokie criminal defense lawyerWith tensions increasing between law enforcement officers and some communities across the United States and in Illinois, the practice of recording police officers performing their duties has grown in popularity. At the same time, it is also increasingly drawing criticism from many police departments. The question is a legitimate one: Is it against the law to record the police?

Previous Eavesdropping Law

Under the old Illinois eavesdropping law, it was illegal to record a conversation, even a public conversation, without the consent of both parties. However, in 2014, both the Seventh Circuit Court of Appeals and the Illinois Supreme Court found the law was unconstitutional because it was overbroad and infringed on protected free speech rights.

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Posted on in DUI

refusing a BAC test, Skokie criminal defense attorneyWhen you get behind the wheel of a car or truck on Illinois roadways, you, of course, maintain certain rights, but you also assume certain responsibilities. While you may not be able to control the actions of other drivers, you have the responsibility to operate your vehicle in a manner that promotes safety to both other individuals and public at large. Safe driving means that, among other considerations, you are not impaired by alcohol, drugs, or other substances. As such, Illinois law maintains that by exercising your driving privileges, you are granting implied consent to blood-alcohol content (BAC) testing whenever it deemed to be appropriate by law enforcement. If you are asked to submit to a BAC test, including breathalyzer testing, refusing to cooperate will cost you your driving privileges.

Separate From Criminal Prosecution

Technically, refusing a BAC test is not a crime, but that does not mean you cannot be punished. Based upon the state’s implied consent laws, refusing a test is an administrative offense for which the penalties are imposed by the Secretary of State’s Office. Any administrative penalty is in addition to those that could result from eventual prosecution on charges of driving under the influence.

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